SB2, amending several alcohol laws, became effective on April 28 when it was published in the Kansas Register. All are effective on that date except the last one listed below which is effective on January 1, 2023.
The new statutes that went into effect on April 28 are now posted on my statute webpage at: https://kansasleo.com/statutes.htm
CMB License Requirements Amended
The licensing requirement for a recipient of a CMB retailer’s license to be of good character and reputation in the community in which the person resides is stricken from the requirements for a CMB license.
SB2 (2022 SL Ch 71) §8, KSA 41-2703. Bill Summary. Effective 4/28/22.
Farm Wineries May Also Be Issued CMB License
The board of county commissioners, the governing body of the city, or the ABC Director is required to issue a CMB retailer’s license to farm winery licensees who have already been issued a farm winery license and satisfy the requirements for a CMB retailer’s license. Licensing authorities will not be able to deny a CMB retailer’s license on the basis of zoning or other regulations or any city or county resolutions or ordinances.
SB2 (2022 SL Ch 71) §3, KSA 41-311. Bill Summary. Effective 4/28/22.
Sales Between Liquor Stores and Licensees
Existing law allowed a licensed liquor retailer may sell and deliver alcoholic liquor and cereal malt beverage to a public venue, club, or drinking establishment licensee for resale by such licensee, provided the liquor retailer is located n the same or in an adjacent county as the licensee’s premises. The bill expands this to allow those sales to licensees are in a county with a corner located within two miles measured along the adjacent county boundary.
SB2 (2022 SL Ch 71) §2, KSA 41-308. Bill Summary. Effective 4/28/22.
Alcoholic liquor can now be consumed on the Kansas Fairgrounds in Hutchinson within a marked boundary by a three-dimensional barrier within the fairgrounds. Allowable alcoholic liquor includes domestic beer or wine consumed in judging competitions, alcohol consumed during certain permitted events of 75 people or less and are not part of the State Fair event, or any alcoholic liquor sold during the State Fair event by a holder of a temporary permit. This is in addition to the continuing provision allowing domestic beer or wine imported under a farm winery license consumed as part of a judging competition. Temporary permits on the fairgrounds may be issued for the time during the Fair or at other times authorized by the Board. The application must clearly show the areas where consumption is allowed under the permit. The permit holder is liable for any violations.
SB2 (2022 SL Ch 71) §5, 6, 10, 11, KSA 41-719; 41-1201; 79-4108; 79-41a03. Bill Summary. Effective 4/28/22.
Temporary Permits not on State Fairgrounds
The bill makes to changes to the permit process but does not change what is allowed or required with a temporary permit. It places a cap on what cities and counties may charge for the permit at $25 per day. It also changes the maximum number of permits an applicant may obtain in a calendar year from 4 to 12.
SB2 (2022 SL Ch 71) §6, KSA 41-1201. Bill Summary. Effective 4/28/22.
Wine, Domestic: Allowable Alcohol by Volume
The allowed alcohol content in domestic wine is increased. Domestic fortified wine manufactured in Kansas may have from 16.0% ABV but to no more than 20.0% ABV. Domestic table wine may contain no more than 16.0% ABV.
SB2 (2022 SL Ch 71) §1, KSA 41-102. Bill Summary. Effective 1/1/23.